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Articles 1 - 30 of 46
Full-Text Articles in Law
Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky
Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky
University of Richmond Law Review
Few occu.pations or professions rank lower than reporters in public esteem. In July 1999, Justice Stephen Breyer participated as a panelist at the Ninth Circuit Judicial Conference and was challenged by Associated Press reporter Linda Deutsch about the absence of cameras in the Supreme Court. Justice Breyer explained that the Court did not want to risk its relatively high level of public esteem by placing itself on television. Justice Breyer noted the lack of respect for the media and said that the Court did not want to see its esteem ratings lowered to that of the press.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Law Professor As Populist, Mark A. Graber
The Law Professor As Populist, Mark A. Graber
University of Richmond Law Review
A new populism is taking root in the strangest soil, American law schools. Tocqueville regarded "the profession of law" as an "aristocratic element," "a sort of privileged body in the scale of intellect." Lawyers, he observed, belonged to "thehighest political class," and routinely developed "some of the tastes and habits of aristocracy." During the 1990s, however, bold challenges to elite rule in the name ofpopular majoritarianism were issued by distinguished professors and chair holders at the most prestigious law schools in the United States. Such leading jurists as Richard Parker, Jack Balkin, Akbil Reed Amar, Sanford Levinson, and Mark Tushnet …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Preface, M. Stuart North
Preface, M. Stuart North
University of Richmond Law Review
The University of Richmond Law Review proudly presents the sixteenth Annual Survey of Virginia Law. Like earlier editions, the 2000 Annual Survey includes practitioner and professor authored articles analyzing and discussing recent legislative, administrative, and judicial developments in the Commonwealth of Virginia. Written by experts in their particular fields, the Annual Survey of Virginia Law endeavors to provide the Law Review's readership with a comprehensive and practical interpretation of the law in the Commonwealth of Virginia.
A Right To Confrontation Or Insinuation? The Supreme Court's Holding In Portuondo V. Agard, J. Fielding Douthat Jr.
A Right To Confrontation Or Insinuation? The Supreme Court's Holding In Portuondo V. Agard, J. Fielding Douthat Jr.
University of Richmond Law Review
Imagine that you are charged with a crime that you did not commit. Forced to attend your own trial, you choose to testify on your own behalf. The prosecutor conducts his best spin to discredit you, but his attempts are largely unsuccessful. Not only is your story consistent with that of other witnesses, but it is a plausible accounting of the disputed facts. The reason: your story is the truth. Nevertheless, in summation, the prosecutor attacks your credibility. His argument, however, addresses no inconsistencies, no physical evidence, and no concrete reason to cast doubt on your story. Instead, he argues …
Annual Survey Of Virginia Law: Health Law, Jonathan M. Joseph, Adam R. Easterday
Annual Survey Of Virginia Law: Health Law, Jonathan M. Joseph, Adam R. Easterday
University of Richmond Law Review
During the past year, the Commonwealth of Virginia has experienced numerous developments in health law on all three major legal fronts-legislative, judicial, and administrative law. These developments have covered a range of health law topics, including everything from revisions to the public certificate of need process for health care facilities and the regulation of body-piercing of minors on the legislative front, to key decisions regarding the scope of the Virginia Birth-Related Neurological Injury Compensation Act and the Health Care Decisions Act on the judicial front, to action on the regulatory front regarding independent external appeals ofhealth plan denials and hospice …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Technology Law, John S. Jung
Annual Survey Of Virginia Law: Technology Law, John S. Jung
University of Richmond Law Review
During the 2000 Session, the General Assembly considered eighty-one technology related bills, forty of which were enacted. This article summarizes the more significant technology bills enacted during this session. One of these bills, House Bill 719,1 enlarged the Joint Commission on Technology and Science ("JCOTS"). The 1997 Virginia General Assembly created JCOTS aas a permanent legislative agency" to "generally study all aspects of technology and science and endeavor to stimulate, encourage, promote, and assist in the development of technology and science in the Commonwealth and sound public policies related thereto." JCOTS, which originally consisted of nine legislators-five delegates and four …
Change And Continuity On The Supreme Court: Conversations With Justice Harry A. Blackmun, Philippa Strum
Change And Continuity On The Supreme Court: Conversations With Justice Harry A. Blackmun, Philippa Strum
University of Richmond Law Review
Justice Harry A. Blackmun used to enjoy telling a story about Supreme Court conferences during the Court's 1970 term, his first on the Court. Warren Burger was ChiefJustice; Hugo Black was the most senior Justice. Court protocol, of course, is that the Chief Justice begins the discussion of each case, the most senior Justice speaks second, and the floor goes in turn to each of the other Justices according to descending seniority. Chief Justice Burger would present a case by laying out the issues involved as he saw them and the decision he believed the Court should reach. Then he …
Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl
Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl
University of Richmond Law Review
For the [past] two centuries, the Constitution [has been] as central to American political culture as the New Testament was to medieval Europe. Just as Milton believed that "all wisdom is enfolded" within the pages of the Bible, all good Americans, from the National Rifle Association to the ACLU, have believed no less of this singular document.
Annual Survey Of Virginia Law: Corporate And Business Law, Peter E. Broadbent Jr., John E. Russell
Annual Survey Of Virginia Law: Corporate And Business Law, Peter E. Broadbent Jr., John E. Russell
University of Richmond Law Review
Virginia corporate and business law changes in the last year continue to challenge the practitioner to stay abreast of such developments in order to provide accurate advice to clients. This article summarizes the developments in the law in Virginia occurring from June 1999 through May 2000, with the legislative changes described based on Virginia General Assembly action in the 2000 session. Part II examines those legislative changes in corporate and business law (excluding public service corporation/public utility law issues). While many of the legislative changes are not significant, three new uniform laws (revised Article 9 of the Uniform Commercial Code …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Foreword, L. Katherine Murray
Foreword, L. Katherine Murray
University of Richmond Law Review
The University ofRichmond Law Review is pleased to present the seventh annual Allen ChairSymposium issue. Through the generous support of the friends and family of George E. Allen, the annual symposium series provides a forum for discussion of legal issues of national and international significance. This issue ofthe Law Review is the literary complement to the symposium presentations.
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
University of Richmond Law Review
I start from the rather obvious proposition that in recent years the American public has placed a high value on the right of privacy. This general commitment to privacy was what kept Robert Bork, despite his qualifications, off the Supreme Court, and more recently it was what kept William Clinton, despite his behavior, in the White House. Bork's nomination was a threat to the constitutional right to use contraceptives and to choose abortion, while the impeachment charges against Clinton were a threat to the moral distinction between public political life and private sexual behavior. The power that the idea of …
Ride-Alongs, Paparazzi, And Other Media Threats To Privacy, Robert M. O'Neil
Ride-Alongs, Paparazzi, And Other Media Threats To Privacy, Robert M. O'Neil
University of Richmond Law Review
When the Supreme Court first addressed the status of "ride- alongs" in late May of this year, the role of the news media could have been treated in any of several ways. The law enforcement officers, who were sued for invasion of privacy because they invited reporters to accompany them while serving an arrest warrant in a private home, offered several extenuations. The presence of journalists, they argued, would provide direct information to the general public about important news events. Moreover, reporters who took part in the arrest could, in a sense, keep the police honest, or at least make …
Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla
Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla
University of Richmond Law Review
In this symposium issue Robert Nagel, Diane Zimmerman, Robert O'Neil, and Erwin Chemerinsky explore the intersection of privacy and freedom of the press. In his fascinating inquiry into privacy and celebrity in modern American life, Robert Nagel demonstrates the connection between the American public's strong commitment to privacy and its simultaneous passion for robust protection of freedom of speech. Among his most important insights is the exposure of "pseudo-intimacy" as a principal currency of contemporary celebrity status. Diane Zimmerman, Robert O'Neil, and Erwin Chemerinsky all investigate the legal principles that ought to surround aggressive and surreptitious newsgathering techniques, each in …
I Spy: The Newsgatherer Under Cover, Diane Leenheer Zimmerman
I Spy: The Newsgatherer Under Cover, Diane Leenheer Zimmerman
University of Richmond Law Review
Hysteria about the press, like the flu, breaks out periodically, and when it does, few of us are better off for having lived through the experience. We are currently on what I sincerely hope will prove to be the receding edge of the latest epidemic ofpublic outrage about the press, and, as usual, the frenzied state has not brought out the best in either the media or its critics.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
No abstract provided.
A Dynamic, New Age Of Political Participation, James S. Gilmore Iii
A Dynamic, New Age Of Political Participation, James S. Gilmore Iii
University of Richmond Law Review
For Virginians, the new millennium marked more than the passage of a symbolic moment in time. We wrote history, dawning a dynamic, new age of political freedom and progress in the Commonwealth.
The Practice Of Pediatrics In Pedagogy? The Costly Combination In Cedar Rapids Community School District V. Garret F., Jennifer L. Barnes
The Practice Of Pediatrics In Pedagogy? The Costly Combination In Cedar Rapids Community School District V. Garret F., Jennifer L. Barnes
University of Richmond Law Review
The Individuals with Disabilities Education Act ("IDEA")' was enacted in 1975 to ensure that all children with disabilities, like their nondisabled counterparts, have access to a free appropriate public education designed to meet their unique needs. This "appropriate education" mandate emphasizes the necessity of providing such children with special education and "related services," and federal funding is offered to state and local educational agencies to assist in implementing this objective.
Nuremberg In America: Litigating The Holocaust In United States Courts, Michael J. Bazyler
Nuremberg In America: Litigating The Holocaust In United States Courts, Michael J. Bazyler
University of Richmond Law Review
The phrase "opening the floodgates of litigation" connotes a pejorative meaning in American legal argument. Most often, it is used by courts as a reason not to allow a certain case to proceed for fear that it would overburden both courts and society with a new class of lawsuits.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Better-Off Walking: Wyoming V. Houghton Exemplifies What Acevedo Failed To Rectify, Erin Morris Meadows
Better-Off Walking: Wyoming V. Houghton Exemplifies What Acevedo Failed To Rectify, Erin Morris Meadows
University of Richmond Law Review
Over the years the United States Supreme Court attempted to produce bright-line rules governing the automobile exception to the Fourth Amendment's warrant requirement. However, the Court's numerous, often confusing decisions in the past eight decades served only to blur those lines. With each attempt to fashion rules that would be workable for both law enforcement in application and lower courts in administration, citizens' Fourth Amendment rights were narrowed. Each time the Court attempted to clarify a rule, it expanded police power to conduct virtually limitless warrantless searches, consistently eviscerating personal privacy rights. The result is an exception originally intended to …
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
University of Richmond Law Review
A world without judicial review? Not that long ago-when the Left fought tooth and nail to defend the legacy ofthe Warren and (much of the) Burger Courts-the thought of taking the Constitution away from the courts would have been horrific. Witness, for example, Edward Kennedy's depiction of "Robert Bork's America!' as "a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, [and] rogue police could break down citizens' doors in midnight raids." Bork's sin, of course, was embracing a kind of populist constitutional discourse, that is, the notion that the founders "banked …
Against Constitutional Law (Populist Or Otherwise), Michael Mandel
Against Constitutional Law (Populist Or Otherwise), Michael Mandel
University of Richmond Law Review
Mark Tushnet has written a great critique of constitutional judicial review. With his sure grasp of the scholarship, his commit- ment to the issues and the real people behind them, and his methodical, flawless reasoning, he has effectively blasted the theoretical foundations of judicial constitutional law to smithereens. As such, he has made a valuable contribution to legal scholarship that will remain so for a long time to come.
Comparing Alternative Approaches About Congress's Role In Constitutional Law, Charles Tiefer
Comparing Alternative Approaches About Congress's Role In Constitutional Law, Charles Tiefer
University of Richmond Law Review
Mark Tushnet's Taking the ConstitutionAway from the Courts presents many aspects of the theme expressed in its title. I find most interesting the aspect concerning Congress's role in constitutional law. I like this aspect because I spent almost two decades working on constitutional law in Congress, principally as the House of Representatives' Solicitor and Deputy General Counsel representing the House of Representatives in countless constitutional controversies, and I have written a good deal about it. Tushnet provides us with an alternative perspective from which we can view Congress both during that time and since. Tushnet's book is kind enough to …
Populist Natural Law (Reflections On Tushnet's "Thin Constitution"), Frank I. Michelman
Populist Natural Law (Reflections On Tushnet's "Thin Constitution"), Frank I. Michelman
University of Richmond Law Review
Constitutional review is the activity of measuring action choices of governments against a pre-existing set of publicly known or ascertainable, "higher" norms for the conduct of government. Anyone can do it: chief executives pondering vetoes or preparing state messages; legislators contemplating legal change; police chiefs reviewing department manuals; school board members debating curriculum guides; city planners routing highway expansions; citizens lobbying and pundits castigating any or all of the above; dinner partners talking politics; candidates running for office; voters turning out rascals. "American-style judicial review," let us say, is constitutional review conducted by a nonpopular, unelected, life-tenured body, whose decisions, …
Response: Politics, National Identify, And The Thin Constitution, Mark Tushnet
Response: Politics, National Identify, And The Thin Constitution, Mark Tushnet
University of Richmond Law Review
Any author would be pleased at having his or her work taken as seriously as mine has been by the contributors to this Symposium. As I wrote in Taking the ConstitutionAway from the Courts, my aim was not so much to place on the table a serious policy proposal-elimination of judicial review-but rather was to broaden a discussion about constitutionalism and judicial review that has been far too narrow. For a decade or more, constitutional theory and theorists have been overly concerned with questions about constitutional interpretation that are the legacy of controversies over the Warren Court's liberal activism. The …
Herbert Wechsler's Complaint And The Revival Of Grand Constitutional Theory, Keith E. Whittington
Herbert Wechsler's Complaint And The Revival Of Grand Constitutional Theory, Keith E. Whittington
University of Richmond Law Review
In 1988, Mark Tushnet noted the "revival of grand theory in constitutional law." Tushnet was somewhat unusual in specifying the object of contemporary constitutional theory so precisely. As he noted, what had been revived in the late twentieth century was an "interest in comprehensive normative theories of constitutional law." There was relatively little broad concern with constitutionalism in this revival, but quite a lot of concern with justifying and elaborating the preferred constitutional decisions of the Supreme Court in specific cases. Having "just published a book on constitutional theory that I unsurprisingly but undoubtedly erroneously regard as the last word …